Need for Uniform Civil Code in India

Background:

The British government’s 1835 report in colonial India called for the uniform civil code of Indian law, including crimes, evidence, and contracts.
However, the Lex Loci Report of October 1840 suggested that the personal laws of Hindus and Muslims should be excluded from this codification.
As British rule progressed, the B N Rau Committee was formed in 1941 to codify Hindu law, leading to the enactment of the Hindu Succession Act in 1956.
During the debates in the Constituent Assembly, the inclusion of the UCC sparked significant discussion.
There was a vote, resulting in a 5:4 majority, where it was decided by the sub-committee on fundamental rights, led by Sardar Vallabhbhai Patel, that the UCC would not be included as a fundamental right.
Dr B R Ambedkar, while drafting the Constitution, stated that a UCC was desirable but should remain voluntary until the nation was socially prepared to accept it.
As a result, the UCC was placed in the Directive Principles of State Policy (DPSP) (Article 44).

Linkage:

UCC will promote national integration and secularism by removing the distinctions and contradictions based on religious personal laws and creating a common identity for all citizens.
It would ensure gender justice and equality by abolishing the discriminatory and oppressive practices against women in various personal laws, such as polygamy, unequal inheritance, etc.
But at the same time, Critics argue that imposing a single code might undermine the cultural and religious autonomy of minority communities, leading to feelings of alienation and marginalisation.
India already faces a significant backlog of cases, and implementing a UCC could exacerbate the situation.
The extensive legal reforms necessary to harmonise personal laws into a single code would demand significant time and effort. For example, Goa’s implementation of a UCC has been praised by the Supreme Court in 2019. However, the ground reality reveals complexities and legal pluralities within the state’s UCC.

Current News:

Indian Prime Minister, in his recent address, expressed his support for the implementation of a Uniform Civil Code (UCC) in India, stating that India cannot function efficiently with a system of “separate laws for separate communities”.

Impact:

Comparative Analysis: There is a need to conduct a comprehensive comparative analysis of the various personal laws in India. This will help in understanding the commonalities and areas of contention.
Enactment of Common Principles: Based on the comparative analysis, we can enact a law of personal status that incorporates principles shared by the different personal laws.
These common principles, which align closely across various personal laws, can be immediately enforced to establish a uniform legal framework.
Family Law Board: There is a need to establish a Family Law Board within the Union Law Ministry, which would be responsible for studying and recommending changes to personal laws related to family matters.